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49 U.S.C. § 5701 — Food transportation safety inspections

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5701 — Food transportation safety inspections

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Source file: Laws/federal/codes/united-states-code/title-49/section-5701-food-transportation-safety-inspections--0d044e36aa.md
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Source location: Title 49, Chapter 57, § 5701; chapter-057-sanitary-food-transportation.md

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**(a) Inspection Procedures.—** (1) **In general.—** — The Secretary of Transportation, in consultation with the Secretary of Health and Human Services and the Secretary of Agriculture, shall establish procedures for transportation safety inspections for the purpose of identifying suspected incidents of contamination or adulteration of— (A) food in violation of regulations promulgated under section 416 of the Federal Food, Drug, and Cosmetic Act; (B) a carcass, part of a carcass, meat, meat food product, or animal subject to detention under section 402 of the Federal Meat Inspection Act ([21 U.S.C. 672](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section672&num=0&edition=prelim)); and (C) poultry products or poultry subject to detention under section 19 of the Poultry Products Inspection Act ([21 U.S.C. 467a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section467a&num=0&edition=prelim)). (2) **Training.—** (A) *In general.—* — The Secretary of Transportation shall develop and carry out a training program to conduct enforcement of this chapter and regulations prescribed under this chapter or compatible State laws and regulations. (B) *Conduct.—* — In carrying out this paragraph, the Secretary of Transportation shall train inspectors, including Department of Transportation personnel, State employees described under subsection (c), or personnel paid with funds authorized under sections 31102 and 31104, in the recognition of adulteration problems associated with the transportation of cosmetics, devices, drugs, food, and food additives and in the procedures for obtaining assistance of the appropriate departments, agencies, and instrumentalities of the Government and State authorities to support the enforcement. (3) **Applicability.—** — The procedures established under paragraph (1) shall apply, at a minimum, to Department of Transportation personnel that perform commercial motor vehicle or railroad safety inspections. **(b) Notification of Secretary of Health and Human Services or Secretary of Agriculture.—** The Secretary of Transportation shall promptly notify the Secretary of Health and Human Services or the Secretary of Agriculture, as applicable, of any instances of potential food contamination or adulteration of a food identified during transportation safety inspections. **(c) Use of State Employees.—** The means by which the Secretary of Transportation carries out subsection (b) may include inspections conducted by State employees using funds authorized to be appropriated under sections 31102 through 31104.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 672 — Administrative detention; duration; pending judicial proceedings; notification of governmental authorities; release

Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to subchapter I or II of this chapter, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of subchapter I of this chapter or of any other Federal law or the laws of any State or Territory, or the District of Columbia, or that such article or animal has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under [section 673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section673&num=0&edition=prelim) or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or animal, and shall not be moved by any person, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 467a — Administrative detention; duration; pending judicial proceedings; notification of government authorities; release; removal of official marks

Whenever any poultry product, or any product exempted from the definition of a poultry product, or any dead, dying, disabled, or diseased poultry is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to this chapter, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this chapter or of any other Federal law or the laws of any State or Territory, or the District of Columbia, or that it has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under [section 467b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section467b&num=0&edition=prelim) or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or poultry, and shall not be moved by any person, from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or poultry before it is released unless it appears to the satisfaction of the Secretary that the article or poultry is eligible to retain such marks.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 350e — Sanitary transportation practices

**(a) Definitions** In this section: (1) **Bulk vehicle** — The term “bulk vehicle” includes a tank truck, hopper truck, rail tank car, hopper car, cargo tank, portable tank, freight container, or hopper bin, and any other vehicle in which food is shipped in bulk, with the food coming into direct contact with the vehicle. (2) **Transportation** — The term “transportation” means any movement in commerce by motor vehicle or rail vehicle. **(b) Regulations** The Secretary shall by regulation require shippers, carriers by motor vehicle or rail vehicle, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary to ensure that food is not transported under conditions that may render the food adulterated. **(c) Contents** The regulations under subsection (b) shall— (1) prescribe such practices as the Secretary determines to be appropriate relating to— (A) sanitation; (B) packaging, isolation, and other protective measures; (C) limitations on the use of vehicles; (D) information to be disclosed— (i) to a carrier by a person arranging for the transport of food; and (ii) to a manufacturer or other person that— (I) arranges for the transportation of food by a carrier; or (II) furnishes a tank vehicle or bulk vehicle for the transportation of food; and (E) recordkeeping; and (2) include— (A) a list of nonfood products that the Secretary determines may, if shipped in a bulk vehicle, render adulterated food that is subsequently transported in the same vehicle; and (B) a list of nonfood products that the Secretary determines may, if shipped in a motor vehicle or rail vehicle (other than a tank vehicle or bulk vehicle), render adulterated food that is simultan

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 331 — Prohibited acts

The following acts and the causing thereof are prohibited: **(a)** The introduction or delivery for introduction into interstate commerce of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded. **(b)** The adulteration or misbranding of any food, drug, device, tobacco product, or cosmetic in interstate commerce. **(c)** The receipt in interstate commerce of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise. **(d)** The introduction or delivery for introduction into interstate commerce of any article in violation of section 344, 350d, 355,,11 So in original. 360bbb–3, or 364c of this title. **(e)** The refusal to permit access to or copying of any record as required by section 350a, 350c, 350f(j), 350e, 354, 360bbb–3, 364a, 373, 374(a), 379aa, or 379aa–1 of this title; or the failure to establish or maintain any record, or make any report, required under section 350a, 350c(b), 350f, 350e, 354, 355(i) or (k), 360b(a)(4)(C), 360b(j), (l) or (m), 360ccc–1(i), 360e(f), 360i, 360bbb–3, 364a, 364g, 379aa, 379aa–1, 387i, or 387t of this title or the refusal to permit access to or verification or copying of any such required record; or the violation of any recordkeeping requirement under section 2223 22 See References in Text note below. of this title (except when such violation is committed by a farm). **(f)** The refusal to permit entry or inspection as authorized by [section 374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section374&num=0&edition=prelim). **(g)** The manufacture within any Territory of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded. *

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 301 — Short title

This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 467a — Administrative detention; duration; pend-

Page 734 TITLE 21—FOOD AND DRUGS § 467a Editorial Notes AMENDMENTS 1968—Par. (a). Pub. L. 90–492 substituted provisions authorizing the Secretary to refuse or withdraw inspec- tion services subsequent to a hearing determining that the applicant or recipient is unfit to engage in any business requiring inspection under this chapter based upon the specified considerations, for provisions grant- ing the Secretary exclusive jurisdiction within the scope of this chapter and exempting poultry and poul- try products from the provisions of the Federal Food, Drug, and Cosmetic Act, as amended, to the extent of the application or the extension thereof of the provi- sions of this chapter. Par. (b). Pub. L. 90–492 substituted provisions grant- ing a hearing, upon request by the applicant or recipi- ent, to determine the merits and validity of the with- drawal or refusal of inspection services and continuing such withdrawal or refusal in effect, unless otherwise ordered by the Secretary, for provisions authorizing the Secretary to cooperate with other branches of gov- ernment and with State agencies and to conduct exami- nations, investigations, and inspections through any officer or employee of a State commissioned by the Secretary for such purpose. Par. (c). Pub. L. 90–492 added par. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–492 effective Aug. 18, 1968, see section 20 of Pub. L. 90–492, set out as a note under section 451 of this title. § 467a. Administrative detention; duration; pend- ing judicial proceedings; notification of gov- ernment authorities; release; removal of offi- cial marks Whenever any poultry product, or any product exempted from the definition of a poultry prod- uct, or any dead,

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 467a

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 672 — Administrative detention; duration; pend-

Page 763 TITLE 21—FOOD AND DRUGS § 672 period following Jan. 5, 1973, and advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. SUBCHAPTER IV—AUXILIARY PROVISIONS § 671. Inspection services; refusal or withdrawal; hearing; business unfitness based upon cer- tain convictions; other provisions for with- drawal of services unaffected; responsible connection with business; finality of Sec- retary’s actions; judicial review; record The Secretary may (for such period, or indefi- nitely, as he deems necessary to effectuate the purposes of this chapter) refuse to provide, or withdraw, inspection service under subchapter I of this chapter with respect to any establish- ment if he determines, after opportunity for a hearing is accorded to the applicant for, or re- cipient of, such service, that such applicant or recipient is unfit to engage in any business re- quiring inspection under subchapter I because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any Federal or State court, of (1) any felony, or (2) more than one violation of any law, other than a felony, based upon the ac- quiring, handling, or distributing of unwhole- some, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in foo

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 672

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5701 — Food transportation safety inspections

Page 388 TITLE 49—TRANSPORTATION § 5568 buildings of historic or architectural signifi- cance. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 854.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5567 ............ 49 App.:1653(i)(7). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 4(i)(7); added Oct. 28, 1974, Pub. L. 93–496, §§ 6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, § 707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 412. The word ‘‘Amtrak’’ is substituted for ‘‘The National Railroad Passenger Corporation’’ for consistency in the revised title. The words ‘‘rail passenger terminal’’ are substituted for ‘‘station’’ for consistency in this chap- ter. The word ‘‘or’’ is substituted for ‘‘and’’ for consist- ency with the source provisions being restated in sec- tion 5562(a)(3) of the revised title. § 5568. Authorization of appropriations (a) GENERAL.—The following amounts may be appropriated to the Secretary of Transpor- tation: (1) not more than $15,000,000 to carry out sec- tion 5562(a)(1) and (3) of this title. (2) not more than $2,500,000 to carry out sec- tion 5562(a)(2) of this title. (3) not more than $2,500,000 to carry out sec- tion 5562(a)(4) of this title. (b) AVAILABILITY OF AMOUNTS.—Amounts ap- propriated to carry out this chapter remain available until expended. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 854.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5568 ............ 49 App.:1653(i)(9). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 4(i)(9); added Oct. 28, 1974, Pub. L. 93–496, §§ 6, 15, 88 Stat. 1530, 1533; restated Feb. 5, 1976, Pub. L. 94–210, § 707(3), (5), 90 Stat.

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 5701

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